Avoid Talking with Insurance Companies
You may feel compelled to contact your own insurer to inquire about medical benefits or for vehicle repairs and you may hear from the bus operator’s insurance company.
In both cases, we recommend that you seek legal counsel prior to talking with insurers. Insurance companies, even your own, care much more about the bottom line than your safety or financial concerns. They’re notorious for fighting, denying, or ignoring claims.
Your lawyer will protect you from aggressive behavior and fight rigorously for the compensation that you deserve.
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Frequently Asked Bus Accident Questions
What are the differences between bus accidents and car accidents?
If you’re here, you want to know how bus accident claims are different from auto accident claims, and they’re a completely different animal; they’re very different. One of the issues that comes up is if it was a bus owned by the municipality. Was it a New York City transit? Is it a private bus company? That’s important because if it’s a city bus, there are certain requirements that we need to follow. If it’s a transit authority bus, or a city bus, we need to file what’s called a notice of claim and we have to do that within 90 days. You don’t have to deal with that if it’s a private operator of a car.Other issues that come up is that you’re dealing with corporations, or corporate entities very often. You may have the owner of the bus, and then you have a different company that’s running the bus service, so you have different entities; that’s also a distinction that needs to be made when comparing it to an auto accident where you’re dealing with just a private car owner.
What should I do after a bus accident?
Clients often ask me, “What do I do if I am in an accident with a bus operator?” First thing you need to do is call 911. You want to make sure that the police come to the scene to document the accident, and you want to make sure you advise the police exactly what happened. If the bus operator went through a red light, you need to make sure that the police officer knows that the bus operator went through the red light; that’s very, very important.You need to seek medical attention if you suffered an injury, and you don’t want to wait on that. If you’re feeling pain at the scene, you need to tell the police officer that you’re in pain and that you want an ambulance; that’s very important. I can’t tell you how many calls I get from clients who call me a month after the accident and I ask them, “Did you go to the hospital from the scene?” and the answer is no, not because they weren’t injured, and they just wanted to deal with the injury and get home. You need to seek medical attention as soon as possible.
What mistakes should I avoid after a bus accident?
If you’re here, chances are you were involved in a bus accident. People often make mistakes when they’re involved in a bus accident. Number one, they don’t advise that they suffered an injury. When the police get to the scene, you must tell the police officer that you suffered an injury. People often leave the scene of an accident before the police arrive. They go home, they go to the doctor or hospital. You want to make sure you stay on that bus so that it’s documented that you were on the bus at the time of the accident; that’s very important.Another mistake that’s made is the retention of the wrong type of attorney. Very often, attorneys will accept a case, but it’s not their area of practice. You want to make sure that you get advice from a personal injury attorney with experience in bus accident type cases; that’s very important.
How do I choose the best attorney for my bus accident case?
Friends often ask me, “How do I select the best bus accident attorney in New York. You want an attorney that is experienced in handling bus accident type cases. You want a personal injury attorney with that experience. You want an attorney that is experienced in litigating bus accident cases. That’s number one. You want to sit down with that attorney and when you sit down with that attorney, you want to ask that attorney questions. You want to find out more about that attorney. You want to find out more about the cases that that attorney has litigated in the past.You want to feel comfortable with that attorney; that’s very important. I often tell people that there’s a marriage between the attorney and the client, and you have to work together from the beginning up through the resolution of the case. These are important factors to consider when making a determination as to who you want to represent you in your bus accident case.
Should I speak with the insurance company after a bus accident?
If you’re here, chances are you were involved in an accident while on a bus or you were in a car involved in an accident with the bus. You may get a phone call from the bus company asking you questions about what happened, wanting you to make a statement, wanting to discuss your injuries.My advice to them is to seek competent council. Sit down with an attorney; the attorney will advise you as to what you should or shouldn’t be doing. You certainly should not be dealing directly with the bus company, and you should not be dealing directly with the bus company’s insurance carrier.
Should I accept a settlement offer from the insurance company for my bus accident?
I just got a call from a client the other day who was in a bus accident about a week earlier. She said to me, “I was on the phone with the insurance carrier for the bus company and they offered me a couple of bucks. Should I take the offer?” I first asked her, “Well, tell me about the case. What happened?” She told me that she was on a bus, that the bus operator went through a red light, and they were hit by a car heading across the intersection. She told me that she immediately had pain in her shoulder, her knees, her neck and her back, and that she went to the hospital and she’s begun the course of treatment with a medical facility. I told her, “You need to come to the office right away and don’t take that offer.”What often happens is that the insurance carriers, they want to get the case resolved as cheaply as possible and as fast as possible before the individual seeks the advice of counsel. They want to do it because they know if the individual takes the offer, they’re going to sign documents and they’ll never be able to file a claim down the road regarding the accident. The answer to the question is no. You want to seek the advice of counsel. Let an attorney get involved. Let an attorney communicate with the insurance carrier to make sure that you get the compensation that you’re entitled to.
How long do I have to file a bus accident claim?
If you’re here, chances are you were involved in an accident while on a bus. If you suffered an injury, I’m sorry to hear that and I hope you’re getting the medical attention that you need. People often ask me when they can file a claim and who they file the claim with. The answer can be complicated. It depends on who the bus company is. Are they a city-run company, like the transit authority, New York City Transit Authority, or are they privately owned?If it’s the city, you need to file a notice of claim as quickly as possible, but it must be done within a 90-day period. When I say the city, I’m talking about the New York City Transit Authority type of a case. If it’s a privately owned bus company, then you have a longer period. You also have to be aware that there are other guidelines. There are no fault benefits that you might be entitled to, and you want to make sure that you get a no fault application to the proper party. No fault covers you for your economic loss, your medical expenses, and your lost wages.
Can I file a claim if my child was injured on a school bus?
If you’re here, there’s a good chance that you have a son, a daughter, a grandson or granddaughter who was on a bus, on their way to school and it was involved in an accident. Assuming we’re talking about a school bus, the question often comes up, do I have a case against the school? The answer is potentially, yes, you do. You also have a case against the bus company because typically what happens is the school will enter into a contract, or the municipality will enter into a contract, with a bus company to ensure the safe transportation of students to the school.Now, there are some claim issues you have to be aware of. If it’s a municipality, you have to file what’s called a notice of claim. Typically that has to be done within 90 days, but it really depends on the municipality. It’s very important that you hire competent council who can guide you through that process and make sure that the notice of claim, and whatever other documents that have to be filed, are filed timely.
How much is my bus accident case worth?
Clients often ask me, “What is my case worth?” For clients who I see for the first time, typically their accidents have just happened. There’s no easy answer because I don’t know all of the factors yet. An important factor is where the injury is going. It could be a broken arm. It could be a broken leg. It could be a neck or back injury. These things take time to go through a healing process. After that healing process, I need to know what the residual is. Is there permanency? If there’s a broken wrist, is that going to lead to some sort of degenerative change to the wrist? Is it going to lead to an arthritic change? Is it going to lead to a restriction of motion that could be permanent in nature. You’re not going to know that the week after the accident. That may take a year, if not longer, to know. That’s an important factor in determining value.Another important factor is how the accident happened. Whose fault was it? You may be the operator of a vehicle who was involved in an accident with a bus and the bus driver may be saying you went through a red light, and you’re saying no, I didn’t, I had a green light; you went through the red light, and it’s on the police report that both sides are saying they were in the right. Those issues have to be ironed out, and that could play into the value of the case.
How long will my bus accident case take?
Clients who were in a bus accident and they ask me, “How long is it going to take to settle?” There’s no real easy answer to that. A lot of it depends on how the accident occurs, who the defendants are, and what kind of an injury you have.Injuries can take quite a while to reach recovery. At that point, we need to know if it’s permanent in nature because that’s very important in determining the value of the case, and that could take a year; it could take longer depending on what type of injury. What we do is we try to push these cases along as quickly as possible so that we can get you the best possible results as early as possible.
Call A New York Bus Accident Lawyer for a FREE Case Review
If you were involved in a bus accident in New York, our legal team wants to help. We offer extensive experience in this type of case and have helped hundreds successful fight for the compensation they deserve.
Call now for a free, no-obligation case review. We’ll provide you with legal options, and determine if you have a case. Call today and let our experience work for you.
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